Liberty is an inherently offensive lifestyle. Living in a free society guarantees that each one of us will see our most cherished principles and beliefs questioned and in some cases mocked. That psychic discomfort is the price we pay for basic civic peace. It's worth it. It's a pragmatic principle. Defend everyone else's rights, because if you don't there is no one to defend yours. -- MaxedOutMama

I don't just want gun rights... I want individual liberty, a culture of self-reliance....I want the whole bloody thing. -- Kim du Toit

The most glaring example of the cognitive dissonance on the left is the concept that human beings are inherently good, yet at the same time cannot be trusted with any kind of weapon, unless the magic fairy dust of government authority gets sprinkled upon them.-- Moshe Ben-David

The cult of the left believes that it is engaged in a great apocalyptic battle with corporations and industrialists for the ownership of the unthinking masses. Its acolytes see themselves as the individuals who have been "liberated" to think for themselves. They make choices. You however are just a member of the unthinking masses. You are not really a person, but only respond to the agendas of your corporate overlords. If you eat too much, it's because corporations make you eat. If you kill, it's because corporations encourage you to buy guns. You are not an individual. You are a social problem. -- Sultan Knish

All politics in this country now is just dress rehearsal for civil war. -- Billy Beck

Monday, June 13, 2005

Gonzales v Raich Draws its First Gun Law Victim.

If you haven't, read my earlier piece "Game Over, Man. Game Over." It gives decent background information on the U.S. v Stewart decision in which the 9th Circuit Court of Appeals upheld the conviction of a man for possessing a firearm after being convicted of a felony, but decided that his possession of a home-made fully-automatic weapon was not per se illegal as it did not affect interstate commerce and therefore was outside the power of the Federal government to regulate.

If you weren't aware, an individual can build himself a firearm with perfect legality. He just can't ever sell it. The Stewart decision said that individuals can build themselves fully-automatic weapons, too, even though the 1986 Firearm Owner's Protection Act carried a rider making it illegal to manufacture any new fully-automatic weapons for the general public. (Police, other government agencies, and properly licensed corporations were excepted from this ban.)

Well, that decision (unsurprisingly) was appealed to the Supreme Court. They granted certiorari on it today, vacating the decision and remanding it to the 9th Circuit. Note the instructions:
The motion of respondent for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Ninth Circuit for further consideration in light of Gonzales v. Raich, 545 U.S.
I wrote a little piece on the Raich decision, and quoted Justice Thomas:
If the Federal Government can regulate growing a half-dozen cannabis plants for personal consumption (not because it is interstate commerce, but because it is inextricably bound up with interstate commerce), then Congress' Article I powers--as expanded by the Necessary and Proper Clause--have no meaningful limits. Whether Congress aims at the possession of drugs, guns, or any number of other items, it may continue to appropria[te] state police powers under the guise of "regulating commerce."


If Congress can regulate this under the Commerce Clause, then it can regulate virtually anything--and the Federal Government is no longer one of limited and enumerated powers.
It's pretty obvious that the Supreme Court just told the 9th Circuit, "No homemade machineguns. To hell with limited powers."

That was quicker than I expected. Good to know where we stand, I suppose.

Of course, David Hardy covers the story earlier and better than I did.

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